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Citation: 55 Fed. Reg. 38326 1990 

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38326 Federal Register / Vol. 55, No.'181 / Tuesday, September 18, 1990 / Rules and Regulations

§ 935.15 Approval of regulatory program amendments.

(ss) With the exception of the

proposed amendment at OAC 1501:13-

1-02(HHHH) concerning the definition

of "previously mined area" which is less

stringent than the general provisions of

SMCRA, and the administrative record

information submitted in lieu of a rule

concerning excluding wildlife from toxic

ponds which is less effective than the

Federal regulations at 30 CFR

816.97(e)(4), the following amendment,

as submitted to OSM on March 1, 1989,

and revised and resubmitted on

February 22, 1990, is approved effective

September 18, 1990. Revised Program

Amendment Number 39, which consists

of revisions to the following rules of

chapter 1501 of the Ohio Administrative

Code (OAC): 13-1-02, 13-1-03, 13-4-14,

13-5-01, 13-7-04, 13-7-05, and 13-9-11,

and adds a new rule at 13-14-06.

4. In § 935.16, paragraph (b) is

removed and reserved and' paragraph

(a) is revised to read as follows:

§ 935.16 Required regulatory program

amendments.

(a) By March 1, 1991, Ohio shall'

amend OAC 1501:13-9-11 to require that

all operators fence, cover, or use other

appropriate methods to exclude wildlife

from ponds that contain hazardous

concentrations of toxic-forming

materials.

[FR Doc. 90-22013 Filed 9-17-90; 8:45 am]

BILLING CODE 4310-05-M

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 515

Removal From List of Specially

Designated Nationals (Cuba)

AGENCY: Office of Foreign Assets

Control, Department of the Treasury.

ACTION: Notice of removal from the list

of specially designated nationals (Cuba).

SUMMARY: This notice removes-Sergio

Garcia Palacios and Corporacion

Mexicana de Asesoria, both of Mexico,

from the list of Specially Designated

Nationals under the Treasury

Department's Cuban Assets Control

Regulations (31 CFR part 515). Deletion

of Sergio Garcia Palacios and

Corporacion Mexicana de Asesoria is

based upon a determination that they

are not specially designated nationals of

Cuba.

EFFECTIVE DATE: September 18, 1990.

FOR FURTHER INFORMATION CONTACT:

Richard J. Hollas, Chief, Enforcement

Division, Office of Foreign Assets

Control. Tel: (202) 566-5021. Copies of

the list of Specially Designated

Nationals are available upon request at

the following location: Office of Foreign

Assets Control, Department of the

Treasury, 1500 Pennsylvania Ave., NW.,

Washington, DC 20220.

SUPPLEMENTARY INFORMATION: Pursuant

to the Cuban Assets Control Regulations

(31 CFR part 515), Corporation

Mexicana de Asesoria, located at

Reforma No. 116-805, Col. Juarez,

Mexico, and Sergio Garcia Palacios,

Mexico City, were listed in the Federal

Register on November 29, 1989 (54,FR

49258). It has been determined that

Corporacion Mexicana de Asesoria and

Sergio Garcia Palacios are not

"specially designated nationals" as

defined in § 515.306 of the Regulations;

and, therefore, they are removed from

the list of Specially Designated

Nationals.

Specially Designated Nationals of

Cuba, Removals

The list of Specially Designated

Nationals, December 10, 1986 (51 FR

44459), as amended on November 3, 1988

(53 FR 44397), January 24, 1989 (54 FR

3446), March 7, 1989 (54 FR 9431), April

10, 1989 (54 FR 32064), September 20,

1989 (54 FR 38810), October 31, 1989 (54

FR 45730), November 29, 1989 (54 FR

49258), January 26, 1990 (55 FR-2644),

April 2, 1990 (55 FR 12172), June 18, 1990

(55 FR 24556) and August 1, 1990 (55 FR

31179) is amended by removing the

names:

Corporacion Mexicana de Asesoria,

Reforma No. 116-805, Col. Juarez,

Mexico, D.F.

Garcia Palacios, Sergio, Mexico City

Dated: August 20, 1990.

R." Richard Newcomb,

Director, Office of Foreign Assets Control.

Approved: August 24, 1990.

Peter K. Nunez,

Assistant Secretary (Enforcement).

[FR Doc. 90-21987 Filed 9-13-90; 11:16 aml

BILLING CODE 4810-25-M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 51

[FRL-3832-1]

State Implementation Plans;.Approval

of Post-1987 Ozone and Carbon

Monoxide Plan Revisions; Policy

Clarification

AGENCY: Environmental Protection

Agency.

ACTION: Final policy.

SUMMARY: In 1981 the Environmental

Protection Agency (EPA) issued policy

guidance on approval of ozone (03) and

carbon monoxide (CO) State

implementation plan (SIP) revisions-,

under part D of the Clean-Air Act

(CAA). See 46 FR 7182 (January 22,

1981). In that notice, EPA included

guid ance requiring the use of "all

possible control measures" in 1982 plans

providing for long-term, post-1987

attainment. Taken out of context, it

might appear that such guidance would

now require post-1987 plans to include

every conceiVable control measure,

including measures that would cause

severe socioeconomic disruption. To

clarify EPA's original intentions and to

avoid any confusion relating to criteria

for approving current State plans,

today's notice revokes the provisions of

the 1981 guidance requiring the use of all

possible control measures.

EFFECTIVE DATE: This policy is effective

September 18, 1990.

FOR FURTHER INFORMATION CONTACT:

For additional information on this policy

contact: John Silvasi, Office of Air

Quality Planning and Standards,

Environmental Protection Agency (MD15), Research Triangle Park, North

Carolina 27711, telephone (919) 541-

5666.

SUPPLEMENTARY INFORMATION: The

EPA's 1981 guidance described the

contents of approvable plans for

attainment of the 03 and CO national

ambient air quality standards (NAAQS)

under section 172(a)(2) of the CAA. That

section provides that areas that can

show that they are unable to attain the

relevant NAAQS by 1982, despite the

implementation of all reasonably

available measures, may submit plans

demonstrating attainment of such

standards by 1987.

In the 1981 guidance, EPA attempted

to deal with areas with such severe air

quality problems that, -in SIP's that were

to be submitted in 1982, States could not

even demonstrate attainment of the

relevant NAAQS by December 31, t987,
Federal Register / Vol. 55, No. 181 / Tuesday, September 18, 1990 / Rules and Regulations 38327

the last date for attainment specified in

the CAA. The EPA stated that in such

cases, States should identify all "measures possible in a longer time

frame that, together with the measures

already evaluated, will result in

attainment as quickly as possible after

1987." (Emphasis in original.) 46 FR 7188,

col. 1. The EPA indicated that this would

be preferable to preparing artificial SIP's

that appeared to demonstrate

attainment by 1987 through measures

the State never really intended to

implement.

As examples of the additional

measures that States could employ to

meet post-1987 attainment dates, EPA

referred to the list of transportation ,

control measures contained in section

108(f) of the CAA. The EPA indicated

that States would have to meet a higher

burden in SIP's designed for a post-1987

attainment date to demonstrate that any

of the measures listed in section 108(f) were not reasonably available for

implementation.

The EPA's 1981 guidance on planning

for post-1987 attainment was intended

to provide a framework for realistic

planning that would produce attainment

as quickly as realistically. possible

through implementation of reasonable

control measures that could be

developed over a six-year'time period

and implemented without undue " socioeconomic disruption. However, the

Court of Appeals for the Ninth Circuit

recently relied upon this portion of

EPA's 1981 guidance in concluding that

after 1987 all 03 and CO SIP's must

provide for attainment "as soon as

possible" using "every available control

measure." See Delaney v. EPA, No. 88-

7368, slip op. at 3644, April 11, 1990. The

EPA has proposed an interpretation of

this test that would not require

measures with severely disruptive

socioeconomic impacts, such as gas

rationing and mandatory source

shutdowns. However, the meaning of

the Court's directive is not clear.

The EPA never intended that its 1981

guidance be interpreted to require the

imposition of draconian control

measures, nor to require immediate

attainment after 1987 if only such

measures could produce it. To avoid

future misinterpretation of this guidance, EPA is today. revoking those aspects of

the 1981 guidance requiring the use of "all possible measures" after 1987.

The EPA instead believes that Federal

and State post-1987 planning (pending

enactment of new law on-the subject)

should attain the standard "as

expeditiously as practicable," by a fixed

date. Section 172(a)(2). The statute does

not require measures that are absurd,

unenforceable, or impracticable. Thus,

after 1987, EPA equates its

interpretation of the Ninth Circuit's

standard in Delaney of attainment "as

soon as possible" absent absurd,

impossible, or unenforceable measures

with the statutory. test of attainment "as

expeditiously as practicable.".

Much of the general guidance in EPA's

1981 notice is still applicable to approval

of current 03 and CO SIP's. For

example, until the CAA is amended as

anticipated in light of current

congressional consideration, 03 and CO

plans should continue to contain all

reasonably available transportation

control measures, including those listed

in section 108(f), as necessary to provide

for attainment as expeditiously as

practicable.-The EPA wishes to clarify

only that its 1981 guidance should not be

read as requiring nonattainment areas to

impose severely disruptive measures

calculated to produce immediate

attainment. To this end, EPA is revoking

those aspects of the guidance suggesting

or stating that the plans for certain areas

having difficulty attaining by. 1987 "must

demonstrate that all possible measures

will be implemented

Specifically, EPA today revokes, the

following portions of its 1981 guidance:

(1) 46FR 7182, cols. 2-3, the section

entitled "Attaining NAAQS After 1987";

(2) 46 FR 7185, col. 3, the finalsentence

beginning "If all measures ...

through 7186, col. 1, the carryover .paragraph ending "effective control

measures"; and (3) 46 FR 7188, col. 1, the

last full paragraph beginning "If

implementation * * " through col. 3.

the carryover paragraph ending "attainment by 1987."

This policy action does not constitute

rulemaking. The legal interpretations

contained herein are not final, and

hence are not subject to challenge as

final action of the Administrator at this

time. To the extent EPA relies on this

policy guidance in taking any final

action relating to State or Federal

implementation plans in the future,

EPA's interpretations of relevant law

will be subject to legal challenge in the

context of a challenge to the specific

final action.

Dated: September 11, 1990.

William K. Reilly,

Administrator.

[FR Doc. 90-22048 Filed 9-17-90: 8:45 am]

BILLING CODE 6560-50-M

40 CFR Part 81

[FRL-3829-3]

Designation of Areas for Air Quality

Planning Purposes; Indiana

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Final rule.

SUMMARY: On March 3, 1988, (53 FR

6845) USEPA proposed to approve tne

redesignation of five townships in

Marion County for sulfur dioxide (S02.

Today, USEPA is takinglfinal

rulemaking action on the State's

redesign'ation request for three of these

townships; Lawrence, Warren, and

Washington. USEPA's action is based

upon a redesignation request which was

submitted by the State.

EFFECTIVE DATE: This final rulemaking

becomes effective on October 18, 1990.

ADDRESSES: Copies of the SIP revision,

public comments on the notice of

rulemaking, and other materials relating

to this rulemaking are available for

inspection at the following addresses: (It

is recommended that you telephone E. •

Marie Huntoon at.(312) 886-6034, before

visiting the Region V Office.) U.S.

Environmental Protection Agency,

Region V, Air and Radiation Branch, 230

South Dearborn Street, Chicago, Illinois

60604.

FOR FURTHER INFORMATION CONTACT:

Ms. E. Marie Huntoon, Air and

Radiation Branch (5AR-26), U.S.

Environmental Protection Agency,

Region V, Chicago, Illinois 60604.

SUPPLEMENTARY INFORMATION: Under

section 107 of the Clean Air Act (Act),

USEPA has designated certain areas in

each State as not attaining National

Ambient Air Quality Standards

(NAAQS) for SO2. For Indiana, see 43

FR 8962 (March 3, 1978), 43 FR 45993

(October 5, 1978), and 40 CFR 81.315. For

these areas, Part.D of the Act requires

that the State revise its SIP to provide

for attaining the primary NAAQS by

December 31, 1982. These SIP revisions

must also provide for attaining the

secondary NAAQS as soon as

practicable. The requirements for an

approvable SIP are described in the

"General Preamble" for part D

rulemaking published at 44 FR 20372

(April 4, 1979), 44 FR 38583 (July 2, 1979).

44 FR 50371 (August 28, 1979), 44 FR

53761 (September 17, 1979), and 44 FR

.67182 (November 23, 1979).

1. Background

On March 3,1988, [53 FR 6845) USEPA

proposed to approve the Indiana Sulfur

Dioxide (SO 2) Plan for Marion County,